Bleckley v. Langston
Court of Appeals of Georgia
143 S.E.2d 671 (1965)
Relevant factsFree
Bleckley (plaintiff) agreed to buy real property from Langston (defendant), making a $10,000 down payment while Langston stayed on the property pending full payment. Before the payment deadline, an ice storm destroyed pecan trees on the property, cutting its value by $32,000. Bleckley then refused to complete the purchase and sued for rescission and a refund; Langston counterclaimed for damages from the breach. The trial court granted summary judgment for Bleckley, and Langston appealed.
IssueFree
Whether, under Georgia law, the buyer in a contract for the purchase of real property assumes the risk of loss occurring after the contract is signed but before the sale closes.